Excessive Noise from Apartment Exhaust Fan

DEP issued a violation notice to landlord for causing or permitting unreasonable noise between 7 a.m. and 10 p.m. The DEP inspector took sound level readings of noise coming from an exhaust fan in tenant's apartment bathroom and found they measured 56 dB(A). This was more than 10 dB(A) above the ambient reading of 40 dB(A) with the fan turned off. Landlord argued that no one had complained about noise from this fan before the violation was issued. The ALJ ruled for landlord and dismissed the violation. DEP appealed and won. Code Section 24-218 prohibits unreasonable daytime noise that is 10 dB(A) or more above the ambient sound level. Prior notice wasn't required to sustain the violation. Landlord was fined $350.

Akam Associates, Inc.: ECB App. No. 1000560 (1/20/11) [3-pg. doc.]